United States v. Arrieta

The Fifth Circuit affirmed the district court's denial of defendant's motion to dismiss the indictment charging him with possession of a firearm and ammunition while unlawfully present in the United States, in violation of 18 U.S.C. 922(g)(5)(A). The court rejected defendant's contention that his receipt of relief pursuant to the Deferred Action for Childhood Arrivals (DACA) program and associated benefits consisting of work authorization, permission to hold a social security card and/or driver's license, and two-year protection from removal render him legally and lawfully present in the United States. In this case, defendant lacked lawful immigration status and he has failed to show entitlement of relief. Because the district court's written judgment incorrectly states that the statute of conviction is Section 922(g)(1), rather than Section 922(g)(5)(A), as alleged in Count One of the superseding indictment, the court affirmed the judgment but reformed it to reflect the conviction under Section 922(g)(5)(A). View "United States v. Arrieta" on Justia Law